CHRISTOPHE ARCHAMBAULT / AFP via Getty Images
French soprano Johanne Cassar leads a singing workshop with inmates of Fresnes prison, March 21, 2022.
JUSTICE – This is the direct consequence of the controversy “Kohlantess”. Promised by the Keeper of the Seals, a circular from the Ministry of Justicedestined to “Clearly set the conditions necessary for carrying out reintegration projects in prison”was broadcast in prisons on Thursday 22 September.
After the controversy at Fresnes prison Éric Dupond-Moretti had announced the publication of new directives to set “the conditions necessary for carrying out reintegration projects in prison”from now on “subject to the express validation of the management of the prison administration”. But what is it really?
titled ” Promotion, management and enhancement of the activities of detainees », the circular, to which Le Huffpost had access, dates from September 21 and is 26 pages. ” Its main purpose is to reaffirm the principle of promoting activities, tells us the Ministry of Justice. To develop these socio-cultural, educational and sporting activities in detention within a clear and appropriate framework. And to specify, harmonize and structure the organization and validation processes within the different levels of the prison administration. »
Remember the law of 2009
Indeed, the first part of the document aims to recall the law of 2009, which provides that ” any convicted detainee participates in at least one of the activities offered to him when the purpose is the reintegration ».
The text recalls: By developing an offer of multidisciplinary activities, it is not the offer of “leisure” or the “occupational” purpose that is targeted, but the acquisition of psychosocial skills and the construction, by all the levers that can be mobilized , exit projects and therefore a return to life in society. »
Which, for the prison staff, seems to be obvious. ” The implementation of activities already obeys needs, which we identify. These are not activities set up just like that, to occupy the prisonersunderlined Eloïse Tauziet, of the National Union of Prison Directors for Integration and Probation (UNDPIP), to the HuffPostjust before the distribution of the circular. Even if that is one of the objectives, to get them out of their cells, we try to work things out with them. It can be the fact of being in contact with others, for example, to socialize. »
And to add: In the case of Fresnes, there was also an interest in meeting civil society, participating [à des activités] with prison staff, thus combating violence in detention. These are projects that are being built, which require reflection with external partners. »
For Sébastien Nicolas, of the SNP-FO Direction, the majority union of directors of penitentiary services, “ the border between traditional activities and what can have the appearance of a ludic and occupational activity is not clear”. “We can organize an activity that has a playful dimension with a project and objectives behind it. The risk is to withdraw into traditional activities and not innovate,” he points out.
Project validation
The second part of the circular concerns the management of activities and the project validation circuit. A point of concern for prison staff, who feared that all projects must now be validated by the central administration. Which is not the case.
“The circular recalls processes that already exist and sets out the validation process in a clear manner, confirms the ministry. The set of activities that take place in detention is so vast that one might not make an overly restrictive circular, it would have lost some of its purpose. The goal is rather a reminder of good practices. »
Mention is made in the text to clearly distinguish “routine actions requiring simple prior information from the interregional management and more sensitive or ambitious projects requiring validation by the interregional director. »
« Nothing very innovative », according to Sébastien Nicolas, who describes a validation circuit « quite classic ». « We guess that depending on the scale of the project, the circuit is a little different, which was already the case, he develops. Because there are financial questions, agreements to be signed, generally between the interregional offices and the partners. »
An impression confirmed by Paul Louchouarn, interregional director of penitentiary services (DISP) Auvergne-Rhône-Alpes, for whom this circular does not “does not fundamentally change the general economy of the organization of activities in a penitentiary establishment”. “We are going to experiment with it, but I am not particularly worried, he adds. We will keep a watchful eye for some time on certain events that are a bit out of the ordinary, but that’s all. »
The question of communication
The third part of the circular concerns ” information and communication relating to the activities of detainees ». A key point in the controversy of “Kohlantess”, according to several actors in the field. For the UNDPIP, this episode should push the prison administration to focus on this issue. “We need to strengthen communication on the way we take care of people, which for many people remains a bit nebulous, believes Constance Margrit. There is real content, a real intervention methodology, it’s professionalized. »
The circular recalls the classic framework in which communication around socio-cultural activities must take place: security rules, protection of the images of detainees and prison staff, respect for victims.
It is recalled that at the local and interregional level, it is advisable to enter ” necessarily at the national level for any communication project of national importance or concerning a new or atypical project. » This was the case for the activity organized at Fresnes prison. The conclusions of the administrative investigation published on August 23 confirmed the approval of the administration and the ministry for this activity, while regretting that the detailed content of the tests was not given.
For Sébastien Nicolas, this rule can concern many projects. ” In the age of the Internet and social networks, any local initiative can have a national reachhe points out. If systematically, you have to go through the central level, you will need staff behind, a spokesperson for the DAP and a dedicated service. »
Self-censorship
If the circular does not revolutionize the organization of socio-cultural activities in prison, some actors still fear a form of self-censorship. “It will cut the wings of many directors of integration and establishments, who had slightly more progressive positions, who will not dare to take initiatives”, believes Jérôme Pauzat, a former sentence enforcement judge currently seconded to the National School of the Judiciary.
Prior to its publication, some magistrates denounced “a demagogic and secure communication”. “It is a political, even politician, response to the outcry of the opposition. We had to show the public that we are doing something,” summarizes the co-founder of the Association of magistrates, personnel and users of justice working for the unity and reform of justice.
The case ” Kohlantess has marked the spirits and risks having long-term consequences “Many colleagues will take refuge in traditional activities, which have never caused controversy, so as not to expose themselves, regrets Sébastien Nicolas, of the SNP-FO Directionot. All of this will stifle creativity. »
On the side of the penitentiary directors of integration and probation, the fear of a “chilliness” is somewhat counterbalanced: “Our partners are quite anchored and that’s not going to stop them. We have a lot of young professionals who want to do things and who will continue.”, underlines Constance Margrit, of the UNDPIP. And to add: “It must force us to communicate more, which is not in our culture, even if things are moving slowly. »
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